WEBVTT IN THIS CASE TAKE THE TIME TO FILE THE PAPERWORK TO MAKE IT LEGAL. A DEDICATED RED BUS LANE FOR THESE LUMBERING GIANTS, BUT THE U.S. DEPARTMENT OF TRANSPORTATION CONSIDERS THEM EXPERIMENTAL AND REQUIRES FEDERAL APPROVAL BEFORE USING THEM. >> ANY JURISDICTION THAT WANTS TO INSTALL THESE HAS TO SUBMIT AN APPLICATION TO THE FEDERAL HIGHWAY ADMINISTRATION OFFICE OF OPERATIONS TO ASK FOR A VARIANCE TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES ALSO AN , ACCOMPANIED TRAFFIC STUDY. DAVID: GENE SIMMERS KNOWS THE PROCESS. HE’S A RETIRED ENGINEER WITH SHA. HE FILED A PUBLIC INFORMATION ACT REQUEST SEEKING A COPY OF THE APPLICATION AND IMPACT STUDY. THE STATE REPLIED, "THE MDOT HAS NO RECORDS RESPONSVIE TO YOUR REQUEST." >> THESE MARKINGS ARE NOT LEGAL. THEY HAVEN’T BEEN LEGAL. TO ME ANY TICKET ISSUED SINCE , APRIL 2015 SHOULD BE, THAT MONEY SHOULD BE RETURNED TO WHO EVER RECEIVED A TICKET. DAVID: BUT THE FEDS SAY ENFORCEMENT IS LEGAL AS LONG AS THE LANES ARE MARKED AND SIGNS ARE POSTED. ACCORDING TO FEDERAL HIGHWAY OFFICIALS THE TRANSIT LANE , RESTRICTIONS ARE ENFORCEABLE AS LONG AS THE REQUIRED REGULATORY DEVICES ARE PRESENT, REGARDLESS OF THE PRESENCE OF RED-COLORED PAVEMENT. DRIVERS WHO AREN’T SUPPOSED TO BE IN THE RED BUS LANE FACE A 90 $90 FINE AND A POINT ON THEIR LICENSE. SIMMERS SAYS ITS NO COINCIDENCE THE CITY SENT AN APPLICATION AND TRAFFIC STUDY TO THE FEDS A DAY AFTER THE STATE RECEIVED HIS REQUEST FOR DOCUMENTS. BECAUSE THE FEDS STILL HAVEN’T GIVEN THE GREEN LIGHT, HE BELIEVES THE LANES ARE ILLEGAL. HE WANTS THE CITY TO STOP ISSUING TICKETS. >> THIS IS CLASSIC INEPTITUDE BY GOVERNMENT THAT KNOWS A RULE AND JUST SAYS AH, NO BIG DEAL, NO BIG DEAL. WE WILL JUST ISSUE TICKETS. DAVID: A CLASS ACTION LAWSUIT IS UNDER CONSIDERATION AS WELL AS SEEKING AN INJUCTION TO STOP THE CITY FROM ISSUING TICKETS UN

A legal challenge to the red bus lanes in Baltimore City is brewing after a motorist discovered through a Public Information Act request that the lanes were created without required federal approval.Questions are now being raised on whether the city can lawfully hand out citations to drivers who impede the bus lanes. Red bus line critics complain that government has many grandiose plans to extract more money from people and, in this case, they didn't even take the time to file the paperwork to make it legal. The U.S. Department of Transportation considers dedicated red bus lanes experimental and requires federal approval before using them. "Any jurisdiction that wants to install these has to submit an application to the Federal Highway Administration Office of Operations to ask for a variance to the manual on uniform traffic control devices and also an accompanied traffic study," said Gene Simmers, who filed the Public Information Act request. Simmers knows the process well. He is a retired engineer with the State Highway Administration. He filed a Public Information Act request seeking a copy of the application and impact study. The state replied, "The MDOT has no records responsive to your request." Drivers who aren't supposed to be in the red bus lane face a $90 fine and a point on their license. "These markings are not legal. And they haven't been legal. To me, any ticket issued since April 2015, that money should be returned to whoever received a ticket," Simmers said. However, officials said enforcement is legal as long as the lanes are marked and signs are posted. According to federal highway officials, "The transit lane restrictions are enforceable as long as the required regulatory devices are present, regardless of the presence of red colored pavement." Simmers said it is no coincidence the city sent an application and traffic study to the federal government a day after the state received his request for documents. Because it still hasn't given the green light, he believes the lanes are illegal and he wants the city to stop issuing tickets. "This is classic ineptitude by government that knows a rule and just says, 'Ah, no big deal, no big deal, we will just issue tickets,'" Simmers said. A class action lawsuit is under consideration, as well as seeking an injunction to stop the city from issuing tickets until the issue is resolved.

BALTIMORE —

A legal challenge to the red bus lanes in Baltimore City is brewing after a motorist discovered through a Public Information Act request that the lanes were created without required federal approval.

Questions are now being raised on whether the city can lawfully hand out citations to drivers who impede the bus lanes.

Related Content

Red bus line critics complain that government has many grandiose plans to extract more money from people and, in this case, they didn't even take the time to file the paperwork to make it legal.

The U.S. Department of Transportation considers dedicated red bus lanes experimental and requires federal approval before using them.

"Any jurisdiction that wants to install these has to submit an application to the Federal Highway Administration Office of Operations to ask for a variance to the manual on uniform traffic control devices and also an accompanied traffic study," said Gene Simmers, who filed the Public Information Act request.

Simmers knows the process well. He is a retired engineer with the State Highway Administration. He filed a Public Information Act request seeking a copy of the application and impact study.

The state replied, "The MDOT has no records responsive to your request."

Drivers who aren't supposed to be in the red bus lane face a $90 fine and a point on their license.

"These markings are not legal. And they haven't been legal. To me, any ticket issued since April 2015, that money should be returned to whoever received a ticket," Simmers said.

However, officials said enforcement is legal as long as the lanes are marked and signs are posted. According to federal highway officials, "The transit lane restrictions are enforceable as long as the required regulatory devices are present, regardless of the presence of red colored pavement."

Simmers said it is no coincidence the city sent an application and traffic study to the federal government a day after the state received his request for documents. Because it still hasn't given the green light, he believes the lanes are illegal and he wants the city to stop issuing tickets.

"This is classic ineptitude by government that knows a rule and just says, 'Ah, no big deal, no big deal, we will just issue tickets,'" Simmers said.

A class action lawsuit is under consideration, as well as seeking an injunction to stop the city from issuing tickets until the issue is resolved.